How to Determine Fault in a Pedestrian Accident

When a pedestrian is hit by a car, the driver is at fault from the police standpoint, but that may not be the case in a personal injury claim. Therefore, it is important to understand how negligence and liability work in personal injury cases to make sure you have a valid claim.

When the Driver is at Fault

If a car hits a pedestrian, then often times the driver is negligent. Because drivers must act responsibly on the road, hitting or injuring a pedestrian is a violation of that duty; therefore, the driver may be accountable for the injuries they have caused.

Also, a driver may be found negligent if they:

Ran a red light or stop sign

Were caught speeding or disobeying other traffic laws at the time of the accident

Failed to yield to a crosswalk

Distracted while driving such as texting

Were drunk while driving

Lastly, if a driver speeds or hits a child in a school zone, especially while children are present, they are acting negligently.

When a Pedestrian is at Fault

While pedestrians often have the right away, they still must act reasonably. Jumping in front of a car that is clearly coming and has the right away is not acting responsibly on the road. So, there are times a pedestrian could be held liable for a driver’s injuries or at least part of their injuries.

Some examples where a pedestrian may be negligent include:

Crossing at a “do not walk” sign

Jaywalking

Running or walking into the flow of traffic

Darting or playing in between moving vehicles

Pedestrians must be aware of the traffic around them just like a driver must be aware of their surroundings.

Comparative Fault and Your Personal Injury Case

Whether you are a driver or a pedestrian injured in a pedestrian-vehicle accident, you may be entitled to compensation. But, the comparative fault rule may apply to your case; therefore, if you were partially responsible for the accident, such as jumping in front of a moving vehicle, you may not receive full compensation.

In these types of cases involving pedestrians and vehicles, regardless of who is at fault, you should speak to a skilled pedestrian accident attorney. An attorney can help assess your case and see who was negligent as well as estimate how much compensation you deserve.